(A) Every child placed with a caregiver for out-of-home care pursuant to this chapter is entitled to participate in age or developmentally appropriate activities.

(B) Each caregiver shall use the reasonable and prudent parent standard, as defined in Section 63-7-20, in determining whether to allow a child living in out-of-home care to participate in age or developmentally appropriate activities. When using the reasonable and prudent parent standard the caregiver must consider the following:

(1) the best interest of the child based upon information known by the caregiver;

(2) the overall health and safety of the child;

(3) the child's age, maturity, behavioral history, and ability to participate in the proposed activity;

(4) the potential risks and the appropriateness of the proposed activity;

(5) the importance of encouraging the child's emotional and developmental growth; and

(6) any permissions or prohibitions outlined in an existing court order.

(C) Each caregiver shall use reasonable and prudent efforts to immediately notify the department when the caregiver approves any overnight travel out-of-state, whether with the caregiver or away from the caregiver, so that the department is informed as to where the child will be. Notice to the department may be in the form of a phone call, text message, email, letter, or in-person conversation with the caseworker assigned to the child.

(D) Department approval is required prior to any overseas travel with the child.

HISTORY: 2016 Act No. 238 (H.4546), Section 2, eff June 5, 2016.